946.61 Bribery of witnesses.
(1) Whoever does any of the following is guilty of a Class H felony:
(a) With intent to induce another to refrain from giving evidence or testifying in any civil or criminal matter before any court, judge, grand jury, magistrate, court commissioner, referee or administrative agency authorized by statute to determine issues of fact, transfers to him or her or on his or her behalf, any property or any pecuniary advantage; or
(b) Accepts any property or any pecuniary advantage, knowing that such property or pecuniary advantage was transferred to him or her or on his or her behalf with intent to induce him or her to refrain from giving evidence or testifying in any civil or criminal matter before any court, judge, grand jury, magistrate, court commissioner, referee, or administrative agency authorized by statute to determine issues of fact.
(2) This section does not apply to a person who is charged with a crime, or any person acting in his or her behalf, who transfers property to which he or she believes the other is legally entitled.
History: 1977 c. 173; 1979 c. 175; 1993 a. 486; 2001 a. 109.
A conviction under this section cannot be sustained if the evidence shows that the defendant only transferred property to induce false testimony. State v. Duda, 60 Wis. 2d 431, 210 N.W.2d 763 (1973).
This section only prohibits paying a person to “refrain" from testifying and does not include influencing testimony. State v. Manthey, 169 Wis. 2d 673, 487 N.W.2d 44 (Ct. App. 1992).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 946 - Crimes against government and its administration.
946.06 - Improper use of the flag.
946.10 - Bribery of public officers and employees.
946.11 - Special privileges from public utilities.
946.12 - Misconduct in public office.
946.13 - Private interest in public contract prohibited.
946.14 - Purchasing claims at less than full value.
946.16 - Judicial officer collecting claims.
946.17 - Corrupt means to influence legislation; disclosure of interest.
946.18 - Misconduct sections apply to all public officers.
946.40 - Refusing to aid officer.
946.41 - Resisting or obstructing officer.
946.415 - Failure to comply with officer's attempt to take person into custody.
946.425 - Failure to report to jail.
946.43 - Assaults by prisoners.
946.44 - Assisting or permitting escape.
946.45 - Negligently allowing escape.
946.46 - Encouraging violation of probation, extended supervision or parole.
946.465 - Refusing or tampering with a global positioning system tracking device.
946.47 - Harboring or aiding felons.
946.48 - Kidnapped or missing persons; false information.
946.495 - Violation of nonsecure custody order.
946.52 - Failure to submit biological specimen.
946.60 - Destruction of documents subject to subpoena.
946.61 - Bribery of witnesses.
946.64 - Communicating with jurors.
946.66 - False complaints of police misconduct.
946.68 - Simulating legal process.
946.70 - Impersonating peace officers, fire fighters, or other emergency personnel.
946.71 - Unlawful use of license for carrying concealed weapons.
946.72 - Tampering with public records and notices.
946.73 - Penalty for violating laws governing state or county institutions.
946.74 - Aiding escape from mental institutions.
946.75 - Denial of right of counsel.
946.76 - Search warrant; premature disclosure.
946.78 - False statement regarding military service.
946.79 - False statements to financial institutions.
946.83 - Prohibited activities.
946.85 - Continuing criminal enterprise.
946.86 - Criminal forfeitures.
946.88 - Enforcement and jurisdiction.
946.90 - Wisconsin Works fraud.